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HomeMy WebLinkAbout07-27-1948Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 27, 1949 1 0 Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers, in the City Hall in said -City on July 27, 1948. Upon motion by Kennedy, second by Theel,, Leo C. Anderson was appointed (President pro tem of the Council. President pro tem Anderson called the meeting to order.at 4:30 o'clock P.M., the following members being present: Aldermen Akenhead, Anderson, Kennedy, Kjerner, and Theel. Absent: President Lemmon and Alderman Yaeger, due to illness. The call of the special meeting was read and President pro tem Anderson ordere that the same be placed on file; the said special meeting having been called for the � purpose of considering the acceptance of a Grant Offer_ by the United States of America `for the development of the Rochester Airport and any other business the said Common Council may deem proper.. Alderman Theel introduced.the following resolution which was read: - "WHEREAS, The Common Council of the City of Rochester, Minnesota has been presented with the following Grant Offer for their con- sideration: 'TO: The City of Rochester, Minnesota (Herein referred to as the "Sponsor"). FROM: The United States of America (acting through the Administrator of Civil Aeronautics, herein referred. to as the "Administrator.") WHEREAS, the Sponsor has submitted to the Administrator.a Project Application dated March 17, 1948, for a grant of Federal Funds for a project.for the development of the Rochester Municipal Airport (herein called the "Airport"), and a Sponsor's Assurance Agreement adopted by the Sponsor under date of February 16, 1948, relating to the operation and maintenance of said Airport, together with plans and specifications for such project, which Project Application and Sponsor's Assurance Agreement are hereby specifically incorporated herein and made a part hereof; and. WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project,") consisting of the following described airport development: Grading; seal coating SE end'of NW/SE runway (150' x 975'), SW end of NEISW runway (150' x 9001) and W end of E/W runway (150' x 5251); reconstructing NW/SE runway (150' x 1,5861); extending paving on NW end of the NWISE runway (150' x 2501); paving taxiways, apron, auto marking lots, entrance and service roads; constructing sidewalks, curbs and gutters; relocating and additions to existing fencing, sewer a.nd'water.systems; furnishing and installing electrical ducts; all as more par.ticularly described in the plans and specifications approved by the Administrator or his duly designated representative, which plans and specifications are incorporated herein and made a part hereof; NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions•of the Federal Airport Act (60 Stat. 170; Pub. Law.377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and Sponsor's Assurance Agreement, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue.to the United States and the public from the accomplishment of the Pr©; ject and the operation and ,maintenance of the Airport, as herein provided, THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES TO pay, as the United States' share of costs incurred in accomplishing the Project, 50 percentum of all allowable project costs,, subject to the following terms and conditions. 1. The maximum obligation of the United States payable under this Offer shall be $145,000.00. 0 Record -of Official Proceedings of the. Common- Council of the City of Rochester, Minn., July .27., 1948 2. The Sponsor shall: (a) begin accomplishment of.the Project within a reasonable time after acceptance of the Offer and (b) carry out and complete the Project in accordance with the terms of this Offer and the Federal.Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifications incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Spongor's Assurance Agreement incorporated herein. 4. Any misrepresentation or omission of a material fact by the Sponsor • concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accepting this Offer shall terminate the obligation of the -United States, and it is understood and agreed by the Sponsor in accepting this Offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on behalf of the United States may recover all grant agreements iade. 5. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. 7. (a) It is hereby understood and agreed that the Sponsor's Assurance Agreement incorporated in and constituting part of this Grant Agreement is hereby amended'by deleting subsections (b) through (o) of Section 1 thereof and inserting in lieu thereof the following: "(b) These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal -aid for the Project or any portion thereof, made by the Administrator, and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance of an offer of Federal -aid for the Project. (c) The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes: Provided, That the Sponsor may establish such fair, equal and non-discriminatory conditions to be met by all users of the Airport as may be necessary for the safe -and efficient operation of the Airport; and provided further, That the Sponsor may prohibit any given type, kind or class of • aeronautical use of the Airport if such action will best serve the aeronautical needs of the area served by the airport. (d) The Sponsor will not exercise, grant or permit any exclusive right for the use of the Airport forbidden by section 303 of the Civil Aeronautics Act of 1939, as amended. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will not either directly or indirectly exercise, or grant to any person, firm, or corporation, or permit any person, firm, or corporation to exercise, any exclusive right for the use of the Airport for commercial flight operations, including air carrier transportation, rental of aircraft, conduct of charter flights, operation of flight schools or the carrying on of any other service orroperation requiring the use of aircraft. (e) The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 27.1- lg 49 1 1 1 0. 1 and effect), the Sponsor specifically covenants and agrees. (1) That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to render any service or furnish any parts,. materials or supplies (including the sale thereof) essential to the operation of aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contractor: (a) To furnish good, prompt and efficient service adequate to meet all the demands for its service at the Airport, . (b) To furnish said service on a fair, equal and non- discriminatory basis to all users thereof, and (c) To charge fair, reasonable and nondiscriminatory prices for each unit of 'sale or service: Provided, That the cont'ract_or may be allowed to make reasonable and nondiscriminatory discounts,'rebates or other similar types of price reductions to volume purchasers. (2) That it will not exercise or grant any right or privilege which would operate to prevent any person, firm, or corporation operating aircraft on the Airport from: (a) Performing any service on its own aircraft with its own employees (including, but not limited to, maintenance and repair) that it may choose to perform, (b) Purchasing off the Airport and having delivered on the Airport without entra.n�ce fee, delivery fee or other surcharge for delivery any parts, materials or supplies necessary for the servicing, repair or operation of its aircraft; Provided, that the Sponsor may make reasonable charges for the cost of any service (including charges for maintenance, operation and depreciation of facilities and rights -of -way) furnished by the Sponsor in connection with the delivery of any parts, materials or supplies: And provided further, that incase of aviation gasoline and oil purchased`off the Airport and delivered to the Airport, the Sponsor may require the aviation gasoline and oil purchased to be stored in specified places, limiting the amount delivered to the amount of storage space available, and if necessary fo.r the safe and efficient operation of the Airport, require persons furnishing their own aviation gasoline and oil toutilize such storage, dispensing and delivery system as the Sponsor may designate. (3) That if it exercises any of the rights or privileges set forth in subsection (1) of this paragraph it will be bound by and adhere to the conditions specified for contractors set forth in said subsection (1). (f) Nothing contained herein shall be construed to prohibit the granting or exercise of an exclusive right for the furnishing of non -aviation products and supplies or any service of a non - aeronautical nature. (g) The Sponsor will suitably operate and maintain the'Airport and all facilities thereon or connected therewith which are necessary for airport purposes other than facilities owned or controlled by the United States, and will -not permit any activity thereon which would interfere with its use for aeronautical purposes: Provided, That nothing contained herein shall be oonstxued to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere substantially with such operation and maintenance. Essential facilities, including night lighting systems, when installed, will be operated in such a manner as to assure their availability to all users of the Airport. (h) To the extent of its financial ability, the Sponsor will replace and repair all buildings, structures, and facilities developed under the Project which are destroyed or damaged, replacing or restoring them to a condition comparable to that preceding the destruction or damage, if such buildings, structures, and facilities are determined by the Administrator to be necessary for the normal operation.o_f the Airport. J Record -of Official Proceedings of -the Common -.Council of the. City of Rochester, Minn., July . 2 7 , .. 19148 �J (i) Insofar as is within its power and reasonably possible, the Sponsor will prevent the use of any land either within or outside the boundaries of the Airport in any manner (including the construction, erection, alteration, or growth of any structure or other object thereon) which would create a hazard to the landing, taking -off or would create a hazard to the landing, taking -off or maneuvering of aircraft at the Airport, or otherwise limit the usefulness of the Airport. This objective will be accomplished either by the adoption and enforcement of a zoning ordinance and regulations or by the acquisition of easements or other interests in lands or airspace, or by both such methods. With respect to land outside the boundaries of the airport, the Sponsor will also remove or cause to be removed any growth, structure, or other object thereon which would be a hazard to the landing, taking -off, or maneuvering of aircraft at the Airport, or if such removal is not feasible, will mark or light such growth, structure, or other object as an airport obstruction or cause it to be so marked or lighted. The airport approach standards to be followed in performing the covenants contained in this paragraph shall be those established by the Administrator in Office of Airports Drawing No. 672 dated September 1, 1946, unless otherwise authorized by the Administrator. (j) All facilities of the Airport developed with Federal aid and all those usable for the landing and taking -off of aircraft will be available to the United States at all times, without cah.rge, for use by military and naval aircraft in common with other aircraft, except that if the use by military and naval aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and. maintaining facilities so used, may be charged. The amount of use to be considered "substantial' and the charges to be made therefor shall be determined by the Sponsor and the using agency. (k) The Sponsor will furnish to any civil agency of the United States, without charge (except for light, heat, janitor service, and similar facilities and services at the reasonable cost thereof), such space in airport buildings as may be .reasonably adequate for use in connection with any airport air traffic control activities, weather reporting activities, and communications activities related to airport air traffic control, which are necessary to the safe and efficient operation of, the Airport and which such agency may deem it necessary to establish and maintain at the Airport for such purpose. .(-1) Ater completion of the Project and during the term of these / covenants, the Sponsor will maintain a current system of Airport accounts and records, using a system of its own choice sufficient*to provide annual statements of income and expense. It will furnish the Administrator with such annual or special Airport financial and operational reports as he may reasonably request. Such reports may be submitted to the Administrator on forms furnished by him, or may be submitted in such other manner as the Sponsor elects, provided the essential data are furnished. The Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments, will be available for inspection by any duly authorized representative of the Administrator upon reasonable request. The Sponsor will furnish to the Administrator, upon request a true copy of any such document. (m) The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform -all such covenants is assumed by another public agency eligible under the Act and the regulations to assume such obligations and having the power, authority and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient powers and authority to insure that the Airport will be operated and -maintained in accordance with the Act, the Regulations, and these covenants. 1 I 0 1 1 40 Record of Official Proceedings of the Common Council of -the City of Rochester; Minn., July. 27_, . 1949 (n) The Sponsor will maintain a master plan (layout) of the Airport having the current approval of the Administrator. Such plan shall s.how building areas, approach areas, and landing areas, indicating present and future proposed development. The Sponsor will conform -to such master plan (layout) in making any future improvements or changes at the Airport, which, if made contrary to the master plan (Layout), might adversely affect the safety, utility, or efficiency of the Airport." and by renumbering subsection (p) of said Section 1, subsection (o). (b) It is hereby understood and agreed by.the parties hereto that the United States will not make nor be obligated to make any payments under this .Grant Agreement until the indenture of lease of the • subject airport premises, between the City of Rochester, Minnesota, as lessor, and the•Rochester Airport Company, as lessee, entered into the first day of November, 1945 has been supplemented and amended to such extent as, in the opinion -of the Administrator, is necessary to vest sufficient control of the airport premises in the Sponsor to enable the Sponsor to perform or assure nerforma.nce of its obligations under this Grant Agreement; and it is further understood and agreed that such lease, as so amended; will not be r further amended or modified, other than by way of termination or cancellation, without -the approval in writing of the Administrator �= or his duly designated representative; and it is further understood and agreed that the recognition by the Administrator of the relation- ship between the Sponsor and the lessee created by said indenture of lease shall not be construed as relieving the Sponsor of its obligations under this Grant Agreement or as making the lessee a pasty hereto. (c) It is hereby further understood and agreed by the parties hereto that the United States will•not make, nor be obligated to make, any payment under this Grant Agreement, until an Agency Agreement, entered into between the City of Rochester, Minnesota, on the one part, and the Commissioner of Aeronautics of the State of Minnesota on the other part, pursuant to the provisions of HB 200 approved February 24, 1947, Laws of Minnesota, 1947, has been submitted to and approved by the Administrator as not being inconsistent with the provisions of this Grant Agreement; and that such A ency Agreement, as approved by .the Administrator, will not be amended, modified, or.terminated without the prior approval, in writing, of the Administrator or his duly designated representative. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application and Sponsor's Assurance Agreement incorporated herein shall be evidenced by execution of this instrument by the Sponsor as hereinafter provided, and said Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the S-oonsor with respect to the accomplishment of the Project and tize operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the .useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said ' acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAUTICS By GEORGE L•d. VEST REGIONAL ADMINISTRATOR, REGION THREE" AND WHEREAS, It appearing that the acceptance of such said Grant Offer is in conformity with the local laws of the Municipality. NOW THEREFORE, BP'it resolved by the Common Council of the City of Rochester, Minnesota: That the Grant Offer on the part of the United States Government be and is hereby accepted. Be it further resolved: That the Mayor of the City of Rochester, Minnesota, is hereby authorized and directed to accept the said Grant Offer on behalf of the City of Rochester, Minnesota and that the Clerk of the City of Rochester, Minnesota, be and is hereby authorized and directed to attest the signature of the Mayor of the said City of Rochester, Minnesota, and to impress the official seal of the City upon said acceptance." In ra "Ju Record of Official Proceedings of the Common. Council "'' of the City'of Rochester, Minn., ' July .27, 194g Upon motion by Akenhead, second by Kjerner, that the said resolution be adopted as read, and all present voting in favor thereof, President pro tem Anderson declared the said resolution duly passed and adopted. Alderman Kennedy introduced a resolution appointing and designating the Commissioner of Aeronautics as agent of the City of Rochester and designating an official depository, which was read. Upon motion by Akenhead, second by Kjerner, that the said resolution be adopted as read, and all present voting in favor thereof, President pro tem Anderson declared the said resolution duly passed and adopted. Engineering Form No. 219, ('Appointment of Engineer and Established Schedule of Fees and Salaries for Engineering Services", was presented to the Council and upon motion by Akenhead, second by Kjerner, the Mayor was authorized to execute the said Form No. 219. All present voted in favor thereof. Engineering Form No. 202, 111-16equest for authority for Expenditure of Funds' in connection with State Project No. 5501-02, Federal Project No. 9-21-047-5 was also presented to the Council and upon motion by Theel, second by Kennedy, the Mayor was authorized to execute the said Form No. 202. All present voted•in favor thereof. Upon motion by Kennedy, 'second by Theel, the meeting was adjourned. City Clerk • 1 1 • 1 rIJ L�J 1